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Keo Holdings Pty. Ltd. v oOh! Media Roadside Pty. Ltd

Keo Holdings Pty. Ltd. v oOh! Media Roadside Pty. Ltd

Case [2011] VCC 2003

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AGLC: Keo Holdings Pty. Ltd. v oOh! Media Roadside Pty. Ltd [2010] VCC 2003
Case: [2011] VCC 2003
Decision Date: 18 May 2010

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Keo Holdings Pty. Ltd. v oOh! Media Roadside Pty. Ltd [2010] VCC 2003

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Gumland Property Holdings Pty Ltd v Duffy Bros Fruit Market (Campbelltown) Pty Ltd [2008] HCA 10
Citation 1

…iscount for accelerated payments of rent for the months of December 2008 and January – December 2009, and January – February 2010. [252] [2008] 234 CLR 237. 208 In Copperart Pty. Ltd. v Bayside Developments Pty Ltd [253] the Full Court of the Supreme Court of Western Australia stated: …upon the repudiation of…
Luxer Holdings Pty Ltd v Glentham Pty Ltd [2007] WASCA 209
Citation 2

…normal measure of damages is the total rent and outgoing etc that would otherwise have been payable after the date of termination, less: [247] [2007] WASCA 209. [248] [2007]WASCA 209 at paragraph 38. Special leave was refused by the High Court in Luxer Holdings Pty Ltd v Glentham Pty Ltd [2008] HCATrans 158. (a) a…
Ryledar Pty Ltd v Euphoric Pty Ltd [2007] NSWCA 65
Citation 3

…t appear in the document. [144] N C Seddon and M P Ellinghaus Cheshire and Fifoot’s Law of Contract (ninth edition, paragraph 10.12). [145] (2007) 69 NSWLR 603, 626.…
Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) [2005] VSCA 298
Citation 4

…on. The Court of Appeal stated that the critical question is whether the rejection of the offer was unreasonable in the circumstances.[258] [258] (2005) 13 VR 435, 441. 221 A court considering a submission that the rejection of a Calderbank offer was unreasonable should ordinarily have regard at least to the follow…
Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd [2004] HCA 52
Citation 5

…ation not only of the text, but also of the surrounding circumstances known to the parties, and the purpose and object of the transaction.[137] [135] (2004) 219 CLR 165, 179. [136] (2004) 218 CLR 451. [137] Citing Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 at 461-462.…
Pacific Carriers Ltd v BNP Paribas [2004] HCA 35
Citation 6

…also of the surrounding circumstances known to the parties, and the purpose and object of the transaction.[137] [135] (2004) 219 CLR 165, 179. [136] (2004) 218 CLR 451. [137] Citing Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 at 461-462.…
Fresh Express Australia Pty Ltd v Larridren Pty Ltd [2002] FCA 1312
Citation 7

…NSWSC 1014 at paragraph 9; Fresh Express Australia Pty Ltd v Larridren Pty Limited [2002] FCA 1312 at paragraph 124.…
Alpine Hardwoods (Aust) Pty Ltd v Hardys Pty Ltd (No 2) [2002] FCA 224
Citation 8

…r stage does not of itself show that the course adopted by the offeree was relevantly unreasonable or imprudent.[266] [265] (2002) 190 ALR 121, 127. [266] (2002) 190 ALR 121, 127 and 128.…
Foran v Wight [1989] HCA 51
Citation 9

…riate amount of damages, so that the plaintiffs are placed in the position they would have been had the agreement not been terminated.[246] [245] (1989) 16 NSWLR 130,133. [246] Greig and Davis, The Law of Contract, p 1388. 198 In Luxer Holdings Pty Ltd v Glentham,[247] Buss JA concluded that the method of determining…
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24
Citation 10

…uction, unless they were known to both parties, although, as we have seen, if the facts are notorious knowledge of them will be presumed. [151] (1982) 149 CLR 337,352.…
Scanlan's New Neon Ltd v Tooheys Ltd [1943] HCA 43
Citation 11

…ent to be terminated in the event that there was a reduction in visibility, then express provision would have been made for it. [142] (1943) 67 CLR 169, 197. 119 The purpose of the contract was to display advertising on a sign. This is a very simple agreement between two parties where one party pays the other to use…
McPhee v Glentham Pty Ltd & Anor; Luxer Holdings Pty Ltd v Glentham Pty Ltd & Anor [2008] HCATrans 158
Citation 12

…007] WASCA 209. [248] [2007]WASCA 209 at paragraph 38. Special leave was refused by the High Court in Luxer Holdings Pty Ltd v Glentham Pty Ltd [2008] HCATrans 158. (a) any amount the lessor has obtained as profits from the use of the premises between the date of termination and the date of trial; and (b) any amount t…
Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd [2006] HCATrans 266
Citation 13

…ccount. This is so in all cases, even if the words at issue are not ambiguous, or susceptible of more than one meaning. [143] (2006) 156 FCR 1, 11.…
Truenergy Pty Ltd v Dispute Resolution Panel (No 2) [2009] VSC 612
Citation 14

…age when a substantial amount of the costs had already been incurred.[260] [260] See Trueenergy Pty. Ltd. v Dispute Resolution Panel (No 2) [2009] VSC 612. (b) the time allowed to the offeree to consider the offer 223 The offer was only open for 30 hours. The plaintiffs submitted that the time of 30 hours allowed…
Eastern Health v MIA Victoria Pty Ltd [2009] VSC 105
Citation 15

…n that case Judd J. was considering the terms of a contract which was incomplete where there was an obvious absence of defining words.[140] [138] [2009] VSC 105. [139] [2009] VSC 105. [140] [2009] VSC 105, para 61. 112 The defendant referred to the licensee’s right to terminate the sign licence agreement pursuant…
Aljade and MKIC v OCBC [2004] VSC 351
Citation 16

…ould lead to the making of a special costs order. It will do so where it is concluded that the rejection of the offer was unreasonable. [257] [2004] VSC 351, paragraph 75.…
Rambaldi v Dallbrook Pty Ltd [2003] VSC 163
Citation 17

…inciples enunciated in Calderbank v Calderbank (1975) 3 All ER 333, Cutts v Head (1984) 1 All ER 597 and MT Associates Pty Ltd v Aqua Max Pty Ltd (3) [2003] VSC 163 and will be relied upon on the question of costs in the event that the offer is rejected or not accepted. In the event that this offer is rejected or…

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